News / Heritage
Unsuccessful attempt to sue ‘vandals’ responsible for destruction of Jacobean ceiling
Back in 2017, a 400-year-old Jacobean ceiling was demolished the day before an inspection by heritage officers was due to take place.
The destruction of the rare plaster work in the former Big Chill Bar on Small Street was done legally despite the building being under assessment for listing; but the developers’ actions prompted widespread outrage, with calls to close the planning loophole which allowed it to happen.
Developers Giuseppe and Elaine Baio wanted to turn the historic building in the Old City into student flats, saying they destroyed the ceiling because the premises had become dangerous and they needed to “respect the safety” of the site.
is needed now More than ever
Fast forward to 2023 and a Bristol pensioner has attempted to sue the Baios – previously of G & E Baio Ltd, now trading as Midas JV Ltd – but lost his case in Bristol County Court.
Barry Cash now has to pay thousands of pounds in costs relating to the case, with the Baios’ lawyers originally asking for costs of £13,000 which a judge reduced to £5,000.
15 Small Street currently remains empty having most recently been HallPass bar – photo: Martin Booth
In his statement to the County Court, Cash said that he was not motivated by getting any money but was “merely trying to get developers to behave like responsible citizens instead of giving in to their greed”.
“It is my right to bring a grievance before a court and have a judge rule on it… I am a pensioner on £14,990 pa. and they are well off property developers.
“First they evade the law on listing buildings, and then they manipulate the system to try and frighten me off with the threat of costs. I suggest this tells us something about Mr and Mrs Baio.”
Representing the developers, solicitor David Marsden of Freeths LLP said that “it is difficult to conceive of a claim that is more deserving to be struck out”
In the defendant’s skeleton argument, Marsden said: “This is a cynical attempt by (Cash) to extract money from (the Baios) in the hope that they will just ‘pay up’ rather than incur the time and cost in defending it.
“It is not the way the court system should be used. It is an abuse and the court are respectfully invited to strike out the claim as totally without merit, and order (Cash) to pay the costs.”
Rare Jacobean plaster work dating back to 1620 survived for centuries inside 15 Small Street but was reduced to rubble in moments in August 2017, when contractors took sledgehammers to the ornate ceiling – photo: Big Chill Bar
“The outcome of suing the vandals, bad news: I lost. It was always likely,” said Cash following the conclusion of the case.
“As the late Bob Crow said, ‘If you fight you may not win. If you don’t fight you certainly won’t’. And if I didn’t challenge this anti-social behaviour who would?”
He added: “The real disappointment is that there is no way of stopping this destruction. Even if an artefact is listed or a tree has a preservation order the fines are too small to deter them.”
Cash is now asking for donations to pay the costs of the case. “Any contributions, however small (or large) will be gratefully received,” he said, giving his email as barrycash@uwclub.net in case anyone is able to help.
Main photo: Save Britain’s Heritage
Read next:
- Developers destroy interior of historic Bristol building
- Developer who destroyed historic Bristol ceiling acted to ‘respect safety of building’
- Campaign to close planning loophole after destruction of historic ceiling
- Planning permission refused for developers who destroyed 400-year-old ceiling
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